Part 1: How to Register a Short Barrel Rifle (SBR)

So close, yet so far away... --ELP

This weekend was the Nations Gun Show! I met up with a pile of friends had some fun and spent some coin!

More about the Blogmeet tomorrow.

At the gun show I found the exact AR-15 Upper and Barrel that I have been wanting. I was amazed that could pay cash and take it home with just a reminder from the dealer that it was to be used with a pistol lower or an SBR registered receiver.

The threaded barrel is ready for a suppressor. (another future project) As you can see in the photo the rig has a 7 inch barrel and the full upper.

I just cannot put it on this lower until I do the paperwork. I found the right form and instructions in the same AFT Forms archives as the forms for suppressors.

"Constructive possession" also applies to NFA firearms which are not registered, or for which you are not the registered owner and the regiostered owner is not hysically present.

That's not myopinion.

That's not something I found on a gun board.

That is something the ATF puts out in official determination letters and such. SUch as the following FAQ on NFA firearms:

Q: May a FFL or an individual legally possess the parts to manufacture an SBR or SBS as long as no firearms are actually assembled?A FFL (Type-7 or Type-10) who pays the Special Occupational Tax (SOT) may possess parts required to assemble NFA firearms. A non-licensee or FFL who has not paid the SOT is required to register any NFA firearm via an ATF Form 1 (5320.1) prior to acquisition of the parts required to assemble such firearm.

Go to the ATF site, search for "constructive possession", then google up the ATF rulings on C&R pistols with aftermarket shoulder stocks. . .

Being a cop doesn;t make you an attorney -- nor does ity mean that ATF defines constructive possession the same way your state does.

The problem for would be lawyers is that "constructive possession" in federal firearms law is not a statute you can point to.

It is an interpretation of the law that ATF promulgated, and the courts have by and large agreed with (with one significant exception, which is why you can add a carbine kit to a pistol, and then take the carbine kit off and have a pistol again, a la MechTech or the T/C combo kits.)

Constructive possession simply means that you possess all the makings of a weapon illegal for YOU to possess under the circumstances (such as a felon with any firearm other than an antique, or anyone but LEO or military carrying out their official duties with an unregistered NFA item).

Logically, it's bullshit -- but it is bullshit ATF has and does send people to jail. (Under the logic that ATF has consitantly argued successfully in court, I'm in "constructive possession" of destructive devices because I own a gasolene can, glass bottle, rags, and matches -- I have all the fixin's for a dozen Molotov Cocktails. ATF doesn't push it when it's THAT stupid, lest SCOTUS torpedo the entire idea of constructive possession. . . but they did hook up a reloader who had inert grenade bodies and reloading supplies -- saying he had "constructive possession of live grenades. They DID hool up a guy for having a repro Browning HiPower stock and an original C&R GP35 pistol in the same room, for constructive possession of an unregsitered SBR, etc.)